NO MATTER WHAT Purchase Agreement

PARTIES

This writing outlines the intended legal relationship between Coach Jennie (the “COMPANY”) and you (the “ATTENDEE”). The writing (the “AGREEMENT”) is intended to govern and control your purchase of NO MATTER WHAT event (the “EVENT”) from the COMPANY.

The COMPANY and the ATTENDEE are the intended parties (the “PARTIES”) to this AGREEMENT.

ACCEPTING THESE TERMS

As the ATTENDEE, you are entering into a legally binding agreement with the COMPANY, a sole proprietorship in California according to the following terms and conditions, when you do any of the following:

  • Click “I Agree”
  • Email your statement of agreement
  • Enter your credit card information
  • Sign this agreement on this page, or reverse
  • Enroll electronically in the EVENT
  • Enroll verbally, or otherwise, in the EVENT

With this acceptance, the PARTIES agree that any individual, associate, and or assign are bound by the terms of this AGREEMENT. A facsimile, electronic, or emailed executed copy of acceptance of this AGREEMENT is legally binding with either a written or electronic signature and has the same result as an originally signed copy.  

COMPANY’S SERVICES

This AGREEMENT is executed and valid, when ATTENDEE accepts these terms (electronically, verbally, written, and or otherwise).

The terms of this AGREEMENT are binding on any additional goods and or services supplied by COMPANY to ATTENDEE.

PARTIES agree that the EVENT is in the nature of education and information related to business.

The scope of services provided by COMPANY according to this AGREEMENT are limited to those listed on COMPANY’s website, or as part of the EVENT. COMPANY reserves the right to substitute services equal to or comparable to the EVENT for the ATTENDEE if the need arises, without prior notice.

CONFIDENTIALITY

The term “Confidential Information” means INFORMATION WHICH IS NOT GENERALLY KNOWN TO THE PUBLIC RELATING TO THE ATTENDEE’S BUSINESS OR PERSONAL AFFAIRS.

COMPANY agrees not to disclose, reveal, or make use of any Confidential Information learned of through its transactions with ATTENDEE during discussions and interactions with ATTENDEE, or otherwise, without the written consent of ATTENDEE.

COMPANY shall keep the Confidential Information of the ATTENDEE in strictest confidence and shall use its best efforts to safeguard the ATTENDEE’s Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft.

The COMPANY’S privacy policy, terms of use, disclaimers, and disclosures also apply to how COMPANY collects, uses, stores, and who has access to any personally identifiable information supplied by the ATTENDEE due to its enrollment in the EVENT.

NO TRANSFER OF INTELLECTUAL PROPERTY

COMPANY’s copyrighted and original materials that are provided to the ATTENDEE for his or her INDIVIDUAL USE ONLY and under a limited single-user license.

ATTENDEE is not authorized to use any of COMPANY’s intellectual property, trademarks and or copyrights, for any purpose. ATTENDEE is not authorized to share, copy, distribute, or otherwise disseminate any materials received from COMPANY electronically, or otherwise without the prior written consent of the COMPANY.

COMPANY agrees and allows ATTENDEE to make one (1) printed physical copy of the provided materials for ATTENDEE’s personal use.

ALL INTELLECTUAL PROPERTY, INCLUDING COMPANY’S COPYRIGHTED COURSE MATERIALS SHALL REMAIN THE SOLE PROPERTY OF THE COMPANY. NO LICENSE TO SELL OR DISTRIBUTE COMPANY’S MATERIALS IS GRANTED OR IMPLIED.

EVENT RULES

To the extent that ATTENDEE interacts with COMPANY staff and or other ATTENDEEs, ATTENDEE agrees to behave professionally, courteously, and respectfully with staff and ATTENDEEs at all times. ATTENDEE agrees that failing to follow course rules is cause for termination of this AGREEMENT. In the event of such a termination, ATTENDEE is not entitled to recoup any amounts paid and remains responsible for all outstanding amounts of the Fee.

DISPARAGEMENT

In the event that a dispute arises between the PARTIES or a grievance by ATTENDEE, the PARTIES agree and accept that the only venue for resolving such a dispute is the venue identified below. PARTIES further agree that they will not engage in any conduct or communications public or private, designed to disparage the other. Such an act constitutes a breach of this AGREEMENT.

USE OF EVENT MATERIALS

  • By accepting this AGREEMENT, ATTENDEE consents to audio, video, photographic, or any other reasonable means of recordings being made of the EVENT.  
  • COMPANY reserves the right to use, at its sole discretion, the following: EVENT materials, videos, audio recordings, and materials submitted by ATTENDEE (in the context of the EVENT); for future lecture, teaching, and marketing materials, and further other goods/services provided by COMPANY, without compensation to the ATTENDEE.
  • ATTENDEE consents to its name, voice, and likeness being used by COMPANY for future lecture, teaching, and marketing materials, and further other goods/services provided by COMPANY, without compensation to the ATTENDEE.

NO RESALE OF SERVICES PERMITTED

ATTENDEE agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose, any portion of the EVENT including materials, use of the EVENT, or access to the EVENT. This AGREEMENT is not transferable or assignable without the COMPANY’s prior written consent.

PAYMENT

ATTENDEE agrees to pay COMPANY the stated fee (the “FEE”) according to the payment terms:

  • As outlined on COMPANY’s website,
  • Provided through email,
  • According to the Payment Schedule and the payment plan selected by ATTENDEE (the “FEE”), or
  • As otherwise noted in this AGREEMENT.

REFUNDS

Upon execution of this AGREEMENT, ATTENDEE is responsible for the full Fee. If ATTENDEE decides to cancel, not participate, or changes his or her mind, the COMPANY DOES NOT PROVIDE ANY REFUND FOR ANY REASON TO THE ATTENDEE.

IF THE ATTENDEE IS UNABLE TO ATTEND THE EVENT. THE COMPANY WILL TRANSFER THE TICKET TO ANOTHER PERSON DESIGNATED BY THE ATTENDEE.

CHARGEBACKS & PAYMENT SECURITY

To the extent that ATTENDEE provides COMPANY with credit card(s) information for payment of Fee on ATTENDEE’s account, COMPANY is authorized to charge ATTENDEE’s credit card(s).

ATTENDEE shall not make any chargebacks to COMPANY’s account or cancel the credit card that is provided as security.  ATTENDEE is responsible for any fees associated with recouping payment and collection fees associated with the chargeback. ATTENDEE shall not change any of the credit card information provided to the COMPANY without notifying COMPANY in advance.

CONTROLLING AGREEMENT

In the event of any conflict between the provisions contained in this AGREEMENT, any marketing materials used by COMPANY, COMPANY’s representatives, or employees, the provisions in this AGREEMENT control.

ENTIRE AGREEMENT

This AGREEMENT is the entire AGREEMENT between the PARTIES relating to the subject matter and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. Modification to this AGREEMENT is by a writing signed by both PARTIES.

LIMITATION OF LIABILITY

By using COMPANY’s services and enrolling in the EVENT, ATTENDEE releases COMPANY, its officers, employees, directors, and related entities from any and all damages that may result from his or participation in the EVENT.

The EVENT provides education and information related to business. ATTENDEE accepts any and all risks, foreseeable or non-foreseeable arising from the EVENT.  

Regardless of the previous paragraph, if COMPANY is found to be liable, COMPANY’s liability to ATTENDEE or to any third party is limited to the lessor of:

(a) The total amount of money ATTENDEE paid to COMPANY in the one month prior to the action giving rise to the liability, or

(b) $450.00 USD

All claims against the COMPANY must be filed with the entity having jurisdiction within 90 days of the date of the first claim or otherwise be forfeited forever. ATTENDEE agrees that COMPANY will not be held liable for any damages of any kind resulting or arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of COMPANY’s services or enrollment in the EVENT.  

ATTENDEE agrees that use of COMPANY’s services is at ATTENDEE’s own risk.

INDEMNIFICATION

COMPANY recognizes and agrees that all of the COMPANY’s shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions, or representations of the COMPANY.

ATTENDEE shall defend, indemnify, and hold harmless the COMPANY, COMPANY’s shareholders, trustees, affiliates, and successors from and against all liabilities and expenses that they may incur or be obligated to pay because of their relationship with the EVENT.  

These include (without limitation): claims, damages, judgments, awards, settlements, investigations, legal actions, regulatory actions, costs, attorneys fees, disbursements, or the like that occur from or are related to this AGREEMENT.  

Any expenses or liabilities that result from a breach of this AGREEMENT, sole negligence, or willful misconduct by the COMPANY, COMPANY’s shareholders, Trustees, Affiliates, or Successors are excluded from indemnification.

DISCLAIMER OF GUARANTEE

COMPANY makes no representations or guarantees verbally or in writing regarding performance of this AGREEMENT other than those specifically stated. COMPANY and its affiliates disclaim the implied warranties of titles, merchantability and fitness for a particular purpose. COMPANY makes no guarantee or warranty that the EVENT will meet ATTENDEE’s requirements or that all ATTENDEES will achieve the same results.

CHOICE OF LAW/VENUE

This AGREEMENT is governed and interpreted in accordance with the laws of the State of California without giving effect to any principles of conflicts of law.

The PARTIES agree to submit any dispute or controversy arising out of, or relating to this AGREEMENT to arbitration in Los Angeles, California according to the rules of the American Arbitration Association. The arbitration is binding upon the PARTIES and their successors in interest. The prevailing party may collect all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this AGREEMENT.

SURVIVABILITY

The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of Fees owed set forth in this AGREEMENT, and any other provisions that by their sense and context the PARTIES intend to have survive, shall survive the termination of this AGREEMENT for any reason.

SEVERABILITY

If any of the parts or provisions contained in this AGREEMENT are interpreted as invalid or unenforceable only that part or provision is affected. The invalidity or unenforceability does not affect the other parts or provisions of the AGREEMENT.